On October 6, 2021, Deputy Attorney General Lisa O. Monaco announced the launch of the Department of Justice’s Civil Cyber-Fraud Initiative. The Department plans to use civil enforcement tools to “pursue…those who are...more
On September 21, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an “Updated Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments.” While this advisory...more
Selected Developments in U.S. Law - Colorado Privacy Act Becomes Third Comprehensive State Privacy Act in the United States - Our Privacy, Cyber & Data Strategy Team highlights some of the similarities and differences between...more
Our Privacy, Cyber & Data Strategy Team updates the slow progress of the Cybersecurity Maturity Model Certification and the slower progress of clearing assessment organizations that can actually certify contractors....more
Ransom demands from cyber-attacks show no signs of slowing down, and the costs—both from ransom payments and repairing the damage—are rising precipitously. Our Privacy, Cyber & Data Strategy Team outlines six ways companies...more
On June 10, 2021, almost exactly three years after the passing of its Cybersecurity Law (CSL), the National People’s Congress of China passed a new Data Security Law (DSL) (click here for an unofficial English translation of...more
When is it a good idea to challenge a government request for information, especially gag orders? Our Privacy, Cyber & Data Strategy Team summarizes the statutory, constitutional, and policy rules governing gag orders and...more
The New York Department of Financial Services (NYDFS) issued new guidance this week intended to assist organizations in thwarting ransomware attacks. The guidance clarifies the NYDFS’ expectation that NYDFS-regulated...more
Companies face increasingly tough decision points in preparing for and responding to the proliferation of ransomware attacks. Our Privacy, Cyber & Data Strategy Group outlines seven issues for general counsel to consider as...more
Selected Developments in U.S. Law - NYDFS Issues Report on the SolarWinds Attack and Covered Entities’ Responses Following the SolarWinds cyber espionage attack and the resulting focus on supply chain risk, the New York...more
5/14/2021
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
FBI ,
NYDFS ,
Phishing Scams ,
Popular ,
Ransomware ,
Safe Harbors ,
Settlement ,
SolarWinds ,
Supply Chain
On April 13, 2021, a federal district court granted a motion to partially unseal an FBI application and search warrant following the successful conclusion of an FBI operation to eradicate malicious web shells placed on...more
Our Privacy, Cyber & Data Strategy Team delves into how a federal court decided that a data breach forensic report was discoverable despite efforts to protect it under attorney-client privilege and work product protections...more
Selected Developments in U.S. Law - Fifth Circuit Decision Raises Cyber Enforcement Complications for the U.S. Department of Health and Human Services As the Biden Administration begins detailing its regulatory and...more
2/18/2021
/ Attorney-Client Privilege ,
Biden Administration ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
Ransomware ,
Reporting Requirements ,
Risk Management ,
State Privacy Laws ,
Work-Product Doctrine
Cybersecurity incidents—including second wave attacks—are on the rise. Our Privacy, Cyber & Data Strategy Team outlines seven tips for managing a cybersecurity incident—and recovering with strength....more
On December 18, 2020, federal financial regulatory agencies jointly announced a proposed rule that would impose new and expanded reporting requirements on supervised banking organizations that experience a “computer-security...more
On Sunday, December 13, 2020, SolarWinds announced that it had learned of a “highly sophisticated, manual supply chain attack” by a nation state affecting its Orion Platform, which is used by a wide variety of public and...more
When it comes to data breach notification laws, differences between the patchwork of U.S. state laws and the EU’s General Data Protection Regulation can impact the focus of and approach to an investigation. Our Privacy & Data...more
Selected Developments in U.S. Law - Alston & Bird Analyzes New California Privacy Rights Act - California voters approved a ballot initiative containing the California Privacy Rights Act of 2020. ...more
11/20/2020
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
FinCEN ,
Hackers ,
International Data Transfers ,
Malware ,
Personal Information ,
Ransomware ,
Schrems I & Schrems II
On October 13, 2020, state financial regulators in partnership with the Bankers Electronic Crimes Taskforce and the U.S. Secret Service, released the Ransomware Self-Assessment Tool (R-SAT) to help financial institutions...more
Selected Developments in U.S. Law - SEC Creates Event and Emerging Risk Examination Team - Following the Office of Compliance Inspections and Examinations’ (OCIE) recent and detailed risk alert on the threat of ransomware,...more
8/14/2020
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Data Protection ,
Data Transfers ,
EU ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
OCIE ,
Popular ,
Ransomware ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
UK
Businesses are facing long-term cybersecurity challenges as COVID-19 cases spike and remote work environments need to remain operational, scalable, and capable of flexing with cycles of coronavirus resurgence. Our...more
On Tuesday, July 21, 2020, the New York Department of Financial Services (the “NYDFS”) brought its first enforcement action under its Cybersecurity Regulation (the “Regulation”) against a large title insurer (the “Company”)...more
The UK National Cyber Security Centre and Canada’s Communications Security Establishment released an advisory linking APT29 (also known as, ‘the Dukes’ or ‘Cozy Bear’) to attacks against COVID-19 vaccine development in...more
Selected Developments in U.S. Law - Japan’s Personal Information Protection Committee Releases Guidance on Contact Tracing Mobile Apps to Combat COVID-19 - On May 1, the Personal Information Protection Committee in Japan...more
Our Cybersecurity Preparedness & Response Team discusses the current COVID-19 threat landscape, focusing on four major categories of threats and highlighting practical steps companies can take in response....more